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PARKING ON PRIVATE PROPERTY
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAR CARRIER. Any motor vehicle equipped with a winch and hydraulically operated bed which slides and tilts to accommodate loading and is designed for towing and/or transporting of vehicles.
WRECKER or TOW TRUCK. Any motor vehicle equipped with booms, winches or similar equipment designed for recovery and tow of vehicles, trailers, motor homes and other objects which cannot operate under their own power or for some other reason must be transported in the tow and control of another vehicle.
WRECKER AND TOWING SERVICE. A business that provides the services of one (1) or more wreckers for hire or used for towing, transporting or moving vehicles on public streets.
WRECKER AND TOWING SERVICE OWNER or EMPLOYEE. Any person engaged in the business of towing, transporting or moving vehicles on public streets.
(Ord. 2007-23, passed 4-5-07)
(A) It shall be unlawful for any person, firm or corporation to park any motor vehicle, including automobiles, trucks, motorcycles, motor bikes or any other vehicle on private property which has been designated and marked as a fire zone or fire lane by the Fire Marshal or the Chief of Police.
(B) It shall be the duty of any officer to issue a citation to any person violating the provisions of this section.
(Ord. 2007-23, passed 4-5-07; Am. Ord. 2015-60, passed 12-1-15) Penalty, see § 74.999
(A) When ordered by someone other than the owner or custodian of a vehicle or the authorized agent of such owner or custodian or by someone other than law enforcement personnel, a vehicle may be towed or otherwise removed, except by vehicle entry, from private property by a wrecker and towing service or by a wrecker and towing service owner or employee when the property is appurtenant to or obviously a part of a single-family residence or in the case of any other property, when notice is prominently posted on the property or has been personally given to the owner or driver of the motor vehicle, that the area in which such vehicle is parked is reserved or is otherwise unavailable for unauthorized vehicles and only after compliance with the following requirements:
(1) Except for single-family residences and instances where notice is personally given to the owner or operator of a motor vehicle that the area in which such vehicle is parked is reserved or is otherwise unavailable for unauthorized vehicles, any property owner, lessor or any person authorized by the property owner or lessor seeking to prohibit unauthorized vehicles on his or her premises and to have unauthorized vehicles towed away must permanently and prominently post notice on his or her property, which notice shall be in the form of a sign structure, prominently placed at each driveway access or curb cut allowing vehicular access to the property, within five (5) feet from the public right-of-way line. If there are no curbs or access barriers, signs shall be posted not less than one (1) sign each twenty-five (25) feet of lot frontage. The sign structure displaying the required notices shall be permanently installed with the bottom of the sign not less than four (4) feet above ground level and shall be continuously maintained on the property for not less than twenty-four (24) hours before the towing or removing of vehicles. The notice required under this section shall clearly display:
(a) In not less than four-inch, light-reflective letters on a contrasting background, the words "tow away zone";
(b) In not less than two-inch-high, light-reflective letters on a contrasting background, the words "unauthorized vehicles will be towed away at the owners expense";
(c) In not less than two-inch-high, light-reflective letters on a contrasting background, the days of the week and hours of the day during which vehicles will be towed away at the owner's expense where the property owner or business enterprise selectively causes the towing of vehicles dependent on the day of the week and hour of the day the vehicle is parked. Otherwise, in not less than two-inch-high, light-reflective letters on a contrasting background, the words "24 hrs. 7 days";
(d) In not less than one-inch-high, light-reflective letters on a contrasting background, the name and telephone number of the towing business enterprise, if there exists a written contract between the property owner and business enterprise for the towing of vehicles; and
(e) In not less than one-inch-high, light-reflective letters on a contrasting background, an address or description of the location of the storage site.
(2) Where the owner or custodian of such property does not have a written agreement with a particular towing company, he or she shall upon request, immediately and without demanding compensation, inform the owner or custodian of such vehicle or the authorized agent of such owner or custodian, of the name and storage facility location and telephone number of the person or company that has removed such vehicle.
(3) The wrecker and towing service owner or employee shall furnish to the Police Department, the following information immediately upon towing or otherwise removing a vehicle from private property:
(a) Make, year, color, license number, VIN number and decal number towed.
(b) The address from which such vehicle was towed, the name of the person whoordered the removal of such vehicle and the time the vehicle was removed.
(c) The name and address of the wrecker and towing service and the location to which the vehicle was taken.
(d) The name of the wrecker and towing service owner or employee.
(e) The amount charged for the tow, not to exceed the allowable charge as established by the city from time to time.
(B) Any wrecker or towing service or wrecker and towing service owner or employee required to provide the information set forth in division (A)(3)(c) of this section, shall obtain the name of the person at the Police Department to whom such information was reported and shall note such name on the trip record of such wrecker and towing service.
(Ord. 2007-23, passed 4-5-07; Am. Ord. 2015-60, passed 12-1-15)
Any vehicle towed from private property within the municipal boundaries of the city, without consent of the owner or operator of said vehicle, shall be stored at a site within the municipal boundaries of the city. Any wrecking and towing service shall have one (1) year from the date of passage of this subchapter to obtain such a lawful site. Said vehicle shall be brought directly from the site (from which the vehicle was) towed to the storage facility. Said storage facility shall be open with an employee in attendance a minimum of Monday through Friday, from 9:00 a.m. to 5:00 p.m., and shall have on-call personnel available at all other times. Notice must be prominently posted of such on-call service and such telephone number at said storage facility.
(Ord. 2007-23, passed 4-5-07; Am. Ord. 2015-60, passed 12-1-15) Penalty, see § 74.999
Each wrecker and towing service and wrecker and towing service owner or employee towing a vehicle without the consent of the owner or operator of the vehicle from a site within the municipal boundaries of the city under contract with a property owner, lessor or person authorized by the owner or lessor, which contract must be in writing, must furnish the Police Department with a copy of the written contract for towing prior to towing any vehicles pursuant to said written contract.
(Ord. 2007-23, passed 4-5-07; Am. Ord. 2015-60, passed 12-1-15) Penalty, see § 74.999
When a vehicle is ordered towed or otherwise removed from private property and should the owner or custodian of such vehicle or the authorized agent of such owner or custodian return after a wrecker has arrived on the scene but prior to the removal of such vehicle, the wrecker and towing service owner or employee shall release the vehicle to such owner, custodian, or agent upon payment of a maximum of fifty percent (50%) of the allowable charges established by the city from time to time.
(Ord. 2007-23, passed 4-5-07; Am. Ord. 2015-60, passed 12-1-15)
When a vehicle has been towed or removed as provided in § 74.52, the wrecker and towing service or wrecker and towing service owner or employee must release such vehicle to its owner or custodian or to the authorized agent of such owner or custodian within one (1) hour of the initial request for the return of such vehicle by such owner, custodian or agent. Any vehicle owner, custodian or agent shall have the right to inspect said vehicle. No release or waiver shall be requested or required from any vehicle owner, custodian or agent. A receipt must be given to the vehicle owner, custodian or agent by the wrecker and towing company for any money paid pursuant to said removal.
(Ord. 2007-23, passed 4-5-07; Am. Ord. 2015-60, passed 12-1-15) Penalty, see § 74.999
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